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UNCITRAL United Nations Commission on International Trade Law The Role of UNCITRAL in International Arbitration 18 July 2012 Renaud Sorieul The Secretary.

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Presentation on theme: "UNCITRAL United Nations Commission on International Trade Law The Role of UNCITRAL in International Arbitration 18 July 2012 Renaud Sorieul The Secretary."— Presentation transcript:

1 UNCITRAL United Nations Commission on International Trade Law The Role of UNCITRAL in International Arbitration 18 July 2012 Renaud Sorieul The Secretary of UNCITRAL

2 UNCITRAL United Nations Commission on International Trade Law Topics to be Covered  Technical Assistance  CLOUT system  UNCITRAL MAL Digest  Recommendations to assist arbitral institutions & other interested bodies  Current work of Working Group II

3 UNCITRAL United Nations Commission on International Trade Law Work of UNCITRAL Technical Assistance & Coordination  Technical legislative assistance for modernization of trade laws & commercial practices  Promotion of understanding of international trade law texts  Emphasize benefits of international trade law texts to the expansion of international trade

4 UNCITRAL United Nations Commission on International Trade Law UNCITRAL TAC: Examples Comments by the Secretariat on  Mediation laws of Montenegro, Serbia, Bosnia Herzegovina and Albania for modernization of the texts as part of a joint project with the GIZ  Draft arbitration law by Albania  Draft law by the Union of Comoros on recognition and enforcement of awards

5 UNCITRAL United Nations Commission on International Trade Law UNCITRAL TAC: Examples Comments by the Secretariat on Arbitration rules of arbitral institutions, including:  Bangladesh International Arbitration Centre (BIAC)  Cyprus Arbitration and Mediation Centre (CAMC)

6 UNCITRAL United Nations Commission on International Trade Law Work of UNCITRAL CLOUT = Case Law on UNCITRAL Texts ► Case abstracts in the 6 UN languages A collection of court decisions & arbitral awards interpreting UNCITRAL texts

7 UNCITRAL United Nations Commission on International Trade Law CLOUT : Texts covered ¤ CISG ¤ Convention on Independent Guarantees & Standby Letters of Credit ¤ Hamburg Rules ¤ Limitation Convention (1974) ¤ Limitation Convention, 1980 (amended text) ¤ Model Law on International Commercial Arbitration (1985) ¤ Model Law on Cross-Border Insolvency (1997) ¤ Model Law on Electronic Commerce ¤ New York Convention

8 UNCITRAL United Nations Commission on International Trade Law

9 UNCITRAL United Nations Commission on International Trade Law The Digest History ►in 1988: CLOUT Collection of case law = full text of decisions/awards by courts & tribunals + Summary of each decision & award

10 UNCITRAL United Nations Commission on International Trade Law The Digest Commission: How to contribute to uniform interpretation of UNCITRAL texts? CLOUT: interpretation of certain provisions not uniform

11 UNCITRAL United Nations Commission on International Trade Law The Digest The Commission*: “It was suggested that the digest could be merely a compilation of differences in the interpretation of the Convention rather than a guide. In support of that view it was stated that if the digest to be drafted were to function as a guide, it would necessarily have to indicate preference for some views over others….the digest should not criticize domestic case law. “ *Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 17 (A/56/17), paras

12 UNCITRAL United Nations Commission on International Trade Law The Digest – its purpose 1.Identifying trends in the interpretation of the Model Law 2. Identify whether any divergences as result of: Interpretation of the text or Law enacting the Model Law differs in substance from the Model Law

13 UNCITRAL United Nations Commission on International Trade Law The Digest A tool for technical cooperation Providing users with a means to better understand, interpret and apply the enactments of the Model Law

14 UNCITRAL United Nations Commission on International Trade Law  Launched on 9 June 2012  Organised according to the Chapters and Articles in the Model Law  Summary of case law for each Article, highlighting common views and reporting any divergent approach  Footnotes with live links to cases  725 cases from 37 States all over the world, 232 pages The Digest on the Model Law

15 UNCITRAL United Nations Commission on International Trade Law The Digest

16 UNCITRAL United Nations Commission on International Trade Law Guide on the New York Convention Currently being prepared by UNCITRAL (expected in 2013) Meanwhile, online platform on the New York Convention Guide (www.newyorkconvention1958.org) was launched on 2 July 2012www.newyorkconvention1958.org The website constitutes a platform which reflects the evolution of case law on the New York Convention

17 UNCITRAL United Nations Commission on International Trade Law New York Convention Other current projects *Monitoring implementation of the New York Convention  Decision of the Commission: Survey  108 replies  Published on the UNCITRAL website *Project of a guide

18 UNCITRAL United Nations Commission on International Trade Law UNCITRAL Recommendations to assist arbitral institutions and other interested bodies with regard to arbitration under the UNCITRAL Arbitration Rules 1982 & 2012

19 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions Origin of the 1982 Recommendations ►Adoption of the 1976 UNCITRAL Arbitration Rules ►Arbitration did not have the standing as it has today ►Mandate to Secretariat: provide information & assistance to arbitral institutions and other relevant bodies in using the Arbitration Rules ► Adoption in 1982

20 UNCITRAL United Nations Commission on International Trade Law History of the 2012 Recommendations Revision of the 1976 Rules necessary to “conform to current practices in international trade and to meet changes … over the last 30 years in arbitral practice” GA resolution 65/22 (2010)

21 UNCITRAL United Nations Commission on International Trade Law History of the 2012 Recommendations Origin of the 2012 Recommendations: Need for new recommendations  Revised UNCITRAL Arbitration Rules  Particular in view of extended role of appointing authority

22 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions Purpose of the Recommendations  Promote the use of the Rules  Increase inclination of arbitral institutions world-wide to act as appointing authority under the Rules

23 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions Mandate by the Commission  Similar Recommendations should be issued on the 2010 UNCITRAL Arbitration Rules  New recommendations to follow same pattern as 1982 Recommendations  2010: Commission mandate Secretariat

24 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions Secretariat Arbitral Institutions & other bodies Questionnaire on the use of the UNCITRAL Arbitration Rules in cooperation with IFCA Consultation with

25 UNCITRAL United Nations Commission on International Trade Law Consulted institutions the American Arbitration Association (AAA), the Arbitration Court attached to the Commerce and Agricultural Chamber of the Czech Republic, the Arbitration Court attached to the Hungarian Chamber of Commerce and Industry, the Arbitration Institute of the Stockholm Chamber of Commerce (SCC), the Australian Centre for International Commercial Arbitration (ACICA), the Belgian Center for Arbitration and Mediation (CEPANI), the Board of Arbitration of the Central Chamber of Commerce of Finland, the Cairo Regional Centre for International Commercial Arbitration (CRCICA), the Centro de Arbitraje y Conciliacíon Cámara de Comercio de Bogotá, the Centro de Arbitraje y Mediación – Cámara de Comercio de Santiago (CAM Santiago), Chamber of Arbitration of the Milan Chamber of Commerce, China International Economic and Trade Arbitration Commission (CIETAC), the Court of International Commercial Arbitration attached to the Chamber of Commerce and Industry of Romania, the Court of Arbitration at the Polish Chamber of Commerce, the Danish Institute of Arbitration (DIA), the Dubai International Arbitration Centre (DIAC), the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia, the GCC Commercial Arbitration Centre, German Institution of Arbitration (DIS), the Hong Kong International Arbitration Centre (HKIAC), the Indian Council of Arbitration, the International Arbitration Court of the International Chamber of Commerce (ICC), the International Commercial Arbitration Court – Russian Federation Chamber of Commerce and Industry, the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry, the Japan Commercial Arbitration Association (JCAA), the International Centre for Settlement of Investment Disputes (ICSID), the Korean Commercial Arbitration Board, the Kuala Lumpur Regional Centre of Arbitration (KLRCA), the London Court of International Arbitration (LCIA), the Madrid Court of Arbitration, the Permanent Court of Arbitration at The Hague (PCA), the Mediation and Arbitration Center (CANACO), the Permanent Arbitration Court at the Croatian Chamber of Economy, the Permanent Arbitration Court of the Mauritius Chamber of Commerce and Industry, the Qatar International Center for Conciliation and Arbitration, the Singapore International Arbitration Centre (SIAC), the Swiss Arbitration Association (ASA), the Tunis Center for Conciliation and Arbitration, the Venice Chamber of Arbitration, the Vienna International Arbitration Centre (VIAC), the Waren-Verein der Hamburger Börse e.V.

26 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions 2012 Providing Guidance where I.The UNCITRAL Rules are used as institutional rules II.Arbitral institutions administer arbitration under the UNCITRAL Rules or provide some administrative services III.An Arbitral institution acts as appointing authority Adoption

27 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions 1.Appeal to leave the Rules unchanged 2.Presentation of modifications needed to the UNCITRAL Rules to be used as institutional rules I. The UNCITRAL Rules are used as institutional rules

28 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions 1.Administrative procedures in conformity with the Rules 2. Offer of administrative services 3. Administrative fee schedule 4. Draft model clauses II. Arbitral institutions administering UNCITRAL arbitrations or providing some services

29 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions Part III: Guidance on the role of the appointing authority under the 2010 Rules based on the travaux préparatoires III. Arbitral institution acting as appointing authority

30 UNCITRAL United Nations Commission on International Trade Law Recommendations to arbitral institutions 6 main functions for the appointing authority: (a)Appointment of arbitrators (b)Decision on challenge of arbitrators (c)Replacement of arbitrators (d)Assistance in fixing the fees of arbitrators (e)Participation in the review mechanism on the costs and fees and (f) Advisory comments regarding deposits. III. Arbitral institution* acting as appointing authority *or person

31 UNCITRAL United Nations Commission on International Trade Law Revision of the UNCITRAL Arbitration Rules 1976 Rules: Recognized as very successful text Used in variety of circumstances Covering broad range of disputes In all parts of the world Revision:Keep flexibility, spirit and style Inclusion of investment arbitration? Keep generic applicability of Rules

32 UNCITRAL United Nations Commission on International Trade Law UNCITRAL current work on transparency in treaty-based investor-State arbitration Mandate by the Commission: prepare a legal standard ►Too early for decision on form and scope ► Limited to preparation of rules of uniform law on transparency in treaty- based investor-State arbitration ►During that work, identify any other topic with respect to treat-based investor-State arbitration for possible future work

33 UNCITRAL United Nations Commission on International Trade Law Work on transparency in treaty-based investor-State arbitration of WG II VARIOUS POSSIBLE FORMS: - Guidelines - Model Clauses - Stand-alone rules whether complementing the UNCITRAL Arbitration Rules, or applying irrespective of the set of rules chosen by the parties.

34 UNCITRAL United Nations Commission on International Trade Law UNCITRAL current work on transparency in treaty-based investor-State arbitration Form The Working Group: agreement to draft the legal standard on transparency on the basis of rules.

35 UNCITRAL United Nations Commission on International Trade Law Work on transparency in treaty-based investor- State arbitration of WG II Form, after agreement on rules: Open Question: Stand-alone or annex Consequences

36 UNCITRAL United Nations Commission on International Trade Law Work on transparency in treaty- based investor-State arbitration of WG II Applicability of the rules to existing treaties - Recommendation - Convention - Interpretative Declaration - Treaty Amendment or Modification

37 UNCITRAL United Nations Commission on International Trade Law Work on transparency in treaty-based investor-State arbitration of WG II Future work:  Many possibilities

38 UNCITRAL United Nations Commission on International Trade Law Future work Revision of the UNCITRAL Notes on Organizing Arbitral Proceedings Designed to assist arbitrators Annotated list for example: *Arbitration rules *Language of proceedings *Place of arbitration - Non-binding text

39 UNCITRAL United Nations Commission on International Trade Law Work on transparency in treaty- based investor-State arbitration of WG II Interested in more: Working papers, UNCITRAL texts, available for free download:

40 UNCITRAL United Nations Commission on International Trade Law The End Thank you


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